TEXAS JUDICIAL COUNCIL


MINUTES OF MEETING
April 5, 2001
10:30 A.M.

SUPREME COURT COURTROOM
201 W. 14th Street, 1st Floor
AUSTIN, TEXAS



COMMENCEMENT OF MEETING

On April 5, 2001, Chief Justice Thomas R. Phillips called the regularly scheduled meeting of the Texas Judicial Council (Council) to order at 10:45 a.m. in the Supreme Court Courtroom in Austin, Texas.


ATTENDANCE OF MEMBERS

The Interim Director of the Council, Ms. Elizabeth Kilgo, called the roll. The following members of the Council were present:

 

Hon. Thomas R. Phillips, Chief Justice, Supreme Court

Hon. Sharon Keller, Presiding Judge, Court of Criminal Appeals

Hon. Marilyn Aboussie, Chief Justice, 3rd Court of Appeals

Ms. Willie Jean Birmingham, City Commissioner, City of Marshall

Mr. James Brickman, Chairman of the Board, Princeton Homes

Hon. Martin J. Chiuminatto, Jr, Judge, Kleberg County Court at Law

Deacon Jose Luis Lopez, San Antonio

Hon. Jim Parsons, Judge, 3rd Judicial District Court

Hon. David Patronella, Judge, Justice of the Peace Pct. 1 Pl. 2

Hon. Robin Smith, Presiding Judge, City of Midland

Hon. Rodolfo Tamez, Presiding Judge, Corpus Christi Municipal Court

Hon. Mike Wood, Judge, Probate Court No. 2


Members not in attendance were: Mr. Joseph Callier, Ms. Delia Martinez Carian, Hon. John Hill Cayce, Senator Robert Duncan, Representative Pete Gallego, Ms. Ann Manning, Hon. David Peeples, Hon. Penny L. Pope, Representative Senfronia Thompson, and Senator Royce West.

 

With a quorum established, the Council took the following action:


MINUTES OF THE PREVIOUS MEETING

The minutes of the December 14, 2000 and February 1, 2001 council meetings were adopted.



LEGISLATIVE UPDATE-TEXAS JUDICIAL COUNCIL BILLS

Elizabeth Kilgo summarized and discussed the status of SB720 relating to limiting certain political contributions by judicial candidates and officeholders, SB822 relating to the regulation of political contributions to judicial candidates and officeholders, and SB823 relating to the regulation of political contributions to certain judicial candidates.


Ms. Kilgo discussed HB167 which would provide that for the purposes of contribution limits and limits on the reimbursement of personal funds, the primary and the general elections are considered to be a single election for unopposed candidates. Judge Patronella informed the Council that he testified on behalf of the Council at the public hearing of the House Committee on Judicial Affairs. Additionally, Judge Patronella informed the Council that several judges had testified in opposition to HB167. The Chief Justice asked that Judge Patronella and Judge Wood review HB167 to see if any compromise language could be recommended.


Ms Kilgo discussed HB1117, filed by Rep. Goodman, relating to filing fee and petition requirements for certain judicial candidates. The Council supported an amendment to HB1117 which would require minor party candidates and independent candidates to comply with the provisions set forth in the bill.



Ms. Kilgo discussed HB2884 regarding cross-filing by candidates for certain judicial offices and SB395 relating to the requirement that the Texas Judicial Council conduct a statewide jury service study and report the results of the study to the legislature. The Council agreed to support SB395.

 

Ms. Kilgo highlighted SB1098 and HB950 which are companion bills relating to juror reimbursement in certain counties. The Council discussed the funding aspects of increased juror pay. The Council agreed to not take a position on either bill.


BILLS OF INTEREST TO THE JUDICIARY

Ms. Kilgo discussed SB129 and HB1518 relating to the appointment and nonpartisan retention or rejection of appellate justices and judges and to elimination of a straight-party vote in connection with district judges.


Ms. Kilgo also discussed SB719 relating to making a voter information guide for judicial elections available to the public and HB59 relating to making a voter information guide for judicial elections available to the public on the Internet.


Justice Aboussie reported on two judicial redistricting bills filled by Representative Thompson. HB3168 would replace all of the current districts for district courts with only two districts- basically north and south of I-10. HB3169 would divide the state into only two appellate districts. With an effective date of September 1, 2003, the bills would force the legislature to otherwise redistrict the courts prior to the next session.


Justice Aboussie highlighted several legislative proposals relating to judicial retirement. Justice Aboussie informed the Council that the C.O.L.A. for Plan II in HB2464 and SB1569 resulted in a large fiscal note. Justice Aboussie explained that judges who retire under Plan I receive periodic adjustments as the salary of sitting district judges is increased. However, the judges who retire under Plan II are held at that rate for the duration of their retirement and do not receive periodic adjustments. The C.O.L.A. provision would provide the Plan II judges with the same periodic adjustment as the Plan I judges.


Justice Aboussie also reported that currently the Plan II judges do not pay into the retirement system after twenty years. HB2464, SB1569, and HB3434 would provide the Plan I judges with this same option. Justice Aboussie discussed another provision that would allow judges to buy in up to a year's worth of credit on each end of retirement. This provision would save judges from having to run for re-election in order to get six more months of credit for retirement.


Justice Aboussie also highlighted SB1591 relating to exemplary damages. The bill would change the standard of review for exemplary damage cases and would require that an opinion from the appellate court be agreed upon by all the judges on the court.


UPDATE ON SB7 - FAIR DEFENSE ACT

Justice Keller reported on the status of SB7 relating to the period during which a person arrested is required to be taken before a magistrate or released on bond and to the appointment and compensation of counsel to represent indigent persons accused of crime. The bill would create a standing committee (task force) of the Texas Judicial Council, which would establish standards for the appointment of council, oversee grants to the counties, and report indigent defense statistics to the Office of Court Administration. Any decisions made by the task force would have to be ratified by the Judicial Council.


Mr. Jerry Benedict addressed the Council regarding the reporting requirements of SB7, including the type of data to be collected and how the data would be collected.


Judge Aboussie pointed out that the most recent draft of SB7 did not include an intermediate appellate judge among the membership of the task force. Judge Aboussie commented that this omission could be significant in that the intermediate appellate courts handle ninety percent of the criminal cases being heard.


In closing, Judge Keller stated that revisions would continue to be made to SB7 throughout the legislative process.


UPDATE ON COURT FUNDING PRIORITIES

Judge McCorkle addressed the Council regarding the judicial pay raise funding priority.


Mr. Jerry Benedict and Mr. Bill Hamilton discussed relevant excerpts of the House and Senate appropriations bills. Mr. Benedict explained that the proposed District Court Performance Measures rider specifies that it is the intent of the legislature that the Office of Court Administration report data, clearance rates, age of cases disposed, and backlog index for criminal and civil cases on a countywide basis. Further, the Office of Court Administration should revise its reporting system to improve data collection and compliance, and to streamline the Annual Report.



OTHER BUSINESS

In a report on the Office of Court Administration, Mr. Benedict stated that Grayson County has requested the assistance of the Office of Court Administration in performing an efficiency audit of the court procedures in their county.


Chief Justice Phillips directed the members to start thinking about possible proposals for interim Judicial Council projects. Chief Justice Phillips expressed his interest in devoting time to drafting a plan that would improve the structure and operation of the courts in Texas.



DATE OF NEXT MEETING

The Council plans to meet again in the middle of June.



ADJOURNMENT

There being no further business before the Council, the meeting was adjourned at approximately 12:30 p.m.


_______________________

Thomas R. Phillips

Chair